The Supreme Court affirmed the conviction of Benedicto Marquez for illegal possession of marijuana, emphasizing that the chain of custody was not broken despite the initial handling of evidence by a guidance counselor rather than law enforcement. This ruling clarifies that strict compliance with Section 21 of R.A. No. 9165 is not always necessary if the integrity and evidentiary value of the seized items are preserved. The decision is particularly important for cases involving drug peddling in schools, where school personnel often have initial contact with the evidence. It ensures that technical procedural lapses do not automatically lead to the acquittal of offenders, provided the evidence’s integrity remains intact.

When School Becomes a Crime Scene: Can a Guidance Counselor Secure Drug Evidence?

This case originated from a report to Mrs. Elenita Bautista Bagongon, a guidance counselor at Emilio Aguinaldo High School, about an employee selling drugs to students. After identifying Benedicto Marquez through a photograph provided by students, Bagongon witnessed Marquez interacting with students who scattered upon her approach. Bagongon then discovered two tea bag-like sachets containing dried leaves, later confirmed to be 1.49 grams of marijuana. The central legal question is whether the actions of the guidance counselor, who is not a trained law enforcement officer, in handling the evidence compromised the integrity of the chain of custody, thereby affecting the admissibility of the evidence and the validity of Marquez’s conviction.

The prosecution successfully established the elements of illegal possession of dangerous drugs under Section 11, Article II of R.A. No. 9165. These elements are: (a) the accused is in possession of an item or object that is identified to be a prohibited or dangerous drug; (b) such possession is not authorized by law; and (c) the accused freely and consciously possessed the drug. The evidence presented showed that Marquez was in possession of marijuana, a prohibited drug, without any legal authority. The Court relied on the lower courts’ assessment of the credibility of the prosecution witnesses, particularly Bagongon, noting that Marquez did not claim any prior grudge or altercation with her.

The chain of custody was a critical issue in this case. The Supreme Court emphasized that the integrity of the evidence was preserved despite Bagongon’s initial handling of the marijuana. The sequence of events was meticulously traced: Bagongon discovered the sachets, showed them to the principal and administrative officer, and then handed them over to the police. The police officers, SPO2 Joel Sioson and PO3 Edward Acosta, then brought Marquez and the seized sachets to the police station. There, PO3 Acosta handed the sachets to the desk officer, who then forwarded them to the investigator, P/Insp. Rex Pascua, who marked the evidence with “EB-B-BMR.”

To further ensure the integrity of the evidence, Police Superintendent Julius Caesar Abanes prepared a request for laboratory examination and personally delivered it, along with the plastic sachets, to the Central Police District Crime Laboratory. Engineer Leonard M. Jabonillo examined the contents of the sachets and confirmed the presence of marijuana. This finding was noted by Police Chief Inspector Filipinas Francisco Papa. Given this sequence, the Court determined that the prosecution had established the crucial links in the chain of custody, despite the initial handling by a non-law enforcement individual.

The petitioner argued that the police failed to strictly comply with Section 21 of R.A. No. 9165, which outlines the procedure for the custody and handling of seized drugs. However, the Supreme Court clarified that strict compliance with this section is not always mandatory. The Court has consistently held that non-compliance is not necessarily fatal if there are justifiable grounds and as long as the integrity and evidentiary value of the seized evidence are properly preserved. The rationale is that the primary concern is to ensure that the evidence presented in court is the same evidence seized from the accused, and that it has not been tampered with or altered in any way.

The Court referenced previous jurisprudence to support its position. It emphasized that what is of utmost importance is the preservation of the integrity and the evidentiary value of the seized items. In this case, the prosecution was able to demonstrate that the items seized were the same items tested and subsequently identified and testified to in court. Therefore, the integrity and evidentiary value of the drugs seized from Marquez were proven not to have been compromised.

The Supreme Court also addressed the unique aspect of this case, which involved a guidance counselor as the person who had initial custody of the dangerous drugs. The Court acknowledged that Bagongon, as a guidance counselor, was not expected to be familiar with the procedures required of law enforcers in handling confiscated evidence. The Court reasoned that imposing the same procedural requirements on teachers and school personnel as on law enforcers would set a dangerous precedent that could lead to the acquittal of many drug peddlers. The critical factor was that Bagongon was able to establish that the evidence had not been tampered with when she handed it to the police.

Furthermore, the Court clarified that the marking of the plastic sachets at the police station, rather than at the place of seizure, did not compromise the integrity of the seized evidence. Jurisprudence holds that “marking upon immediate confiscation” can include marking at the nearest police station or office of the apprehending team. P/Insp. Pascua identified the plastic sachets in court as the same items he marked at the police station. This identification further solidified the chain of custody and the integrity of the evidence.

The Supreme Court ultimately sustained the penalty imposed by the RTC and affirmed by the CA, finding it to be in accordance with the penalty prescribed under Section 11, Article II of R.A. No. 9165. The decision underscores the importance of preserving the integrity of evidence in drug cases, even when the initial handling is by non-law enforcement personnel. It also highlights the Court’s pragmatic approach to the application of Section 21, prioritizing the preservation of evidence and the pursuit of justice over strict adherence to procedural technicalities.

FAQs

What was the key issue in this case?	The key issue was whether the chain of custody of the seized marijuana was broken because the initial handling of the evidence was done by a guidance counselor, not a law enforcement officer. The Court had to determine if this affected the admissibility of the evidence and the validity of the conviction.
What are the elements of illegal possession of dangerous drugs?	The elements are: (a) the accused is in possession of a prohibited drug; (b) such possession is not authorized by law; and (c) the accused freely and consciously possessed the drug. All three elements must be proven beyond reasonable doubt for a conviction.
Is strict compliance with Section 21 of R.A. No. 9165 always required?	No, strict compliance is not always required. The Supreme Court has held that non-compliance is not fatal if there are justifiable grounds and the integrity and evidentiary value of the seized evidence are preserved.
What is the importance of the chain of custody in drug cases?	The chain of custody ensures that the evidence presented in court is the same evidence seized from the accused and that it has not been tampered with or altered in any way. This is crucial for maintaining the integrity of the evidence and ensuring a fair trial.
Can school personnel handle drug evidence if they are not law enforcement officers?	Yes, school personnel can handle drug evidence, especially in cases of drug peddling in schools. The critical factor is that they must be able to establish that the evidence had not been tampered with when they handed it to the police.
Does marking the seized drugs at the police station instead of the place of seizure compromise the integrity of the evidence?	No, marking the seized drugs at the police station does not necessarily compromise the integrity of the evidence. Jurisprudence holds that “marking upon immediate confiscation” can include marking at the nearest police station or office of the apprehending team.
What was the penalty imposed on Benedicto Marquez?	The RTC sentenced Marquez to an indeterminate penalty of twelve (12) years and one (1) day, as minimum, to fourteen (14) years and nine (9) months, as maximum, and ordered him to pay a P300,000.00 fine. This penalty was sustained by the Supreme Court.
What is the significance of this ruling for cases involving drug peddling in schools?	This ruling is significant because it clarifies that technical procedural lapses by non-law enforcement personnel, such as teachers or guidance counselors, do not automatically lead to the acquittal of offenders. The focus is on preserving the integrity of the evidence.

In conclusion, the Supreme Court’s decision in Benedicto Marquez v. People provides essential guidance on the handling of drug evidence, particularly in the context of schools and the involvement of non-law enforcement personnel. It underscores the importance of preserving the integrity and evidentiary value of seized items while acknowledging the practical realities of drug enforcement in educational settings.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: BENEDICTO MARQUEZ Y RAYOS DEL SOL, VS. PEOPLE OF THE PHILIPPINES, G.R. No. 197207, March 13, 2013